Texas Attorney General Opinion: LA-68 Page: 1 of 2
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THE A'rFORNEV GENERAL
OF TEXASN L. HiLL ASTII. TEXAM 78711
NWY GENERAL
October 29, 1973
The Honorable Oscar B. McInnis L
Criminal District Attorney
Hidalgo County R
Edinburg, Texas 78539
Dear Mr. Mclnnis:1
etter Advisory No. 68
e: Nepotism - whether
employee with more
than two years service
may receive increase
in salary or a promo-
tion.Your two questions concern the effect of promotions under the nepotism
laws of the State of Texas, Articles 432, et seq., Vernon's Texas. Penal
Code. The first asks whether a teacher, who is the wife of a school board
member, and who has over two years service as a teacher, may receive
an increase in salary above the regular increment provided by law...
In Attorney General Opinion M-671 (1970), this office considered
whether, under similar circumstances, the employee could receive a
promotion. Referring to that portion of Article 432.that excepts from its
prohibitions those who had been "continuously employed-iany office,
position, clerkship, employment or duty for a period of two (2)years
prior to the election or "appointment" of the board member, the opinion
said:
"It is our opinion: that the Legislature intended by
the underscored language of the Article, supra,
only that a person would not lose his job if a relative
were elected to an office within the Article's purview.
We cannot conclude that the Legislature, in view of
the spirit of the other provisions of the Article,
intended that a relative of such an office holder could
be promoted to a position whereby his financial re-
muneration would be enhanced. "p. 226
ATTORP
+JC El
"r "p~
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LA-68, text, October 29, 1973; (https://texashistory.unt.edu/ark:/67531/metapth276111/m1/1/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.